*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 17.03.2021

Date of Decision : 01.06.2021

+

RFA 1075/2019 & CMs 54485/2019, 20749/2020

MADAN MOHAN DASS & ANR

..... Appellants

Through

Mr.Sunil

Dalal,

Mr.Pradeep

Singh & Ms.Surbhi Mehta,

Advs.

versus

BRIGADIER YELLEPEDDY S RAO (RETIRED) & ORS

..... Respondents

Through

Mr.Mohit

Gupta

and

Ms.Meenakshi

Garg,

Advs.

alongwith R1 & R2 (through

VC

+

RFA 1083/2019 & CM 54786/2019

DASS PROPERTIES & CONSTRUCTIONS (P) LTD & ANR

..... Appellants

Through

Mr.Sunil

Dalal,

Mr.Pradeep

Singh & Ms.Surbhi Mehta,

Advs.

versus

BRIGADIER YELLEPEDDY S RAO (RETIRED) & ORS

..... Respondents

Through

Mr.Mohit

Gupta

and

Ms.Meenakshi

Garg,

Advs.

alongwith R1 & R2 (through

VC

2021:DHC:1770

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

1. These appeals have been filed challenging the common

judgment and order dated 27.07.2019 passed by the learned Additional

District Judge-03, South-West District, in Civil Suit No. 15870/2016

titled Brigadier Yellepeddy S. Rao (Retired) & Anr. vs. Sh. Madan

Mohan Das & Ors., and in Civil Suit No. 15859/16 titled Brigadier

Yellepeddy S. Rao (Retired) & Anr. vs. M/s Dass Properties and

Constructions Pvt. Ltd. & Ors.

2. The first of the Suits,being Civil Suit No.15870/2016, was filed

by the respondent no. 1 on 16.09.2011, in relation to portion of land

measuring 60' x 45' i.e. 300 Sq. yds. on the extreme

western side of a larger side measuring 1067 sq. yds. in

Khasra

No.

27/5/2

i.e.

one

Bhiga

and

1-1/3

biswas

approx. in village Mirzapur (Palam), Delhi, presently known as

H.No.H-4/108/A, Mahavir Enclave, Part-I, New Delhi – 110045,

(hereinafter referred to as ‘Suit Land’)claiming as under:-

“a. That a land measuring 15 Bhigas 10 biswas bearing mustatil No. 16

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i. That thereafter when the plaintiff visited the suit property on 07^th

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informed the neighbor, that the plaintiff has not let out or sold the

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will be least affected.”

3. The respondent no. 1 claimed the following reliefs in the Suit:-

“a) Pass a decree of Possession in favour of

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construction in the suit property.”

4. The above Suit was filed by the respondent no. 1 initially only

against Shri Madan Mohan Das (appellant no. 1), Mr. Arun Sharma

(respondent no. 3) and Mr. Bindoria (respondent no. 4). Later, Ms. Y.

Parvati Rao (respondent no. 2) and M/s Dass Properties and

Constructions Pvt. Ltd. (appellant no. 2) were impleaded in the Suit as

plaintiff no. 2 and defendant no. 4respectively.

5. The appellant no. 1 (Sh. Madan Mohan Das) and respondent no.

3 (Mr. Arun Sharma) filed a joint written statement to the Suit

claiming that the appellant no. 1 had purchased the Suit Land from Sh.

Devender Kumar (respondent no. 3 in RFA 1083/2019) vide a

registered Sale Deed dated 04.02.2011. The said Sh.Devender Kumar

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had earlier purchased the Suit Land vide a registered Sale Deed dated

26.11.2010 executed by Sh.Ambuj Srivastava (respondent no. 4 in

RFA 1083/2019) as a Power of Attorney holder of the erstwhile

owners, Sh.B.K. Garudachar and his wife Smt. B.G. Lakshmi, who

had executed the Power of Attorney dated 04.02.1991 in favour of Sh.

Ambuj Srivastava.

6. The respondent nos. 1 and 2 thereafter filed the second Suit,

being Civil Suit No.15859/2016, impleading M/s Dass Properties and

Constructions Pvt. Ltd. (appellant no. 2), Sh. Madan Mohan Das

(appellant no. 2 in RFA 1083/2019), Sh. Devender Kumar (respondent

no. 3 in RFA 1083/2019), Sh. Ambuj Srivastava (respondent no. 4 in

RFA 1083/2019) and Smt. B.G. Lakshmi (respondent no. 5 in RFA

1083/2019) as defendants to the Suit.

7. In the above-mentioned second Suit, the respondent no. 1 and 2

prayed for the following reliefs:-

“a) Pass an order canceling the sale deed

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